Attachment_D4_-_Collective_Bargaining_Agreement.pdf

AGREEMENT

Between

Aleut Facilities Support Services (AFSS), LLC

And

International Union of Operating Engineers, Local One

For the

Denver Downtown Federal Buildings - Denver, Colorado

Effective October 1, 2017 through November 30, 2022

Contents

AGREEMENT

ARTICLE 1. RECOGNITION & BARGAINING UNIT

ARTICLE 2. UNION SECURITY

ARTICLE 3. CHECK OFF

ARTICLE 4. NON-DISCRIMINATION

ARTICLE 5. MANAGEMENT RIGHTS

ARTICLE 6. SA VIN GS CLAUSE

ARTICLE 7. HOURS OF WORK & OVERTIME

ARTICLE 8. HOLIDAYS

ARTICLE 9. VACATION

ARTICLE 10. SENIORITY

ARTICLE 11. MEDICAL INSURANCE

ARTICLE 12. RETIREMENT

ARTICLE 13. JURY DUTY

ARTICLE 14. FUNERALLEAVE

ARTICLE 15. LEAVE OF ABSENCE

ARTICLE 16. SHOPSTEWARD

ARTICLE 17. SICK/PERSONAL LEAVE

ARTICLE 18. GRIEVANCEPROCEDURE&ARBITRATION

ARTICLE 19. NO STRIKE-NO LOCKOUT POLICY

ARTICLE 20. MISCELLANEOUS

ARTICLE21. STANDBY /CALL-INPAY

ARTICLE 22. DISCHARGE

ARTICLE23. INJURY ONTHEJOB

ARTICLE 24. GOVERNMENT SECURITY

ARTICLE 25. WEATHER CLAUSE

ARTICLE 26. SUCCESSORS

ARTICLE 27. TERM, NOTICE OF CHANGE OR TERMINATION

AGREEMENT

This Agreement is made this 1'1 day of October, 2017, by and between AFSS, an Individual Employer and a party to GSA Colorado Service Center Contract (GS-08P-14-JB D0040), and Local One, International Union of Operating Engineers. This Agreement covers only GSA Building Operations and Maintenance provided by employees of AFSS at the following locations in Denver, Colorado (collectively "the Denver Downtown Federal Buildings"):

Alfred A. Anaj Courthouse Byron Rogers Courthouse 901 19th Street 1929 Stout Street

Byron White Courthouse 1823 Stout Street

Byron Rogers FOB

1961 Stout Street

David Skaggs Research Center 325 Broadway, Boulder

California Street Garage 2106 California Street

US Customs House

721 19th Street

Welton St. Parking Garage/Office 2106 Welton Street

Stout Street Lot 22nd & Stout Street

Federal Building/Post Office

301 S. Howes St., Fort Collins

As used hereinafter in this Agreement, the term "Employer" shall mean AFSS, and the term "Union" shall mean Local One, International Union of Operating Engineers.

ARTICLE 1. RECOGNITION & BARGAINING UNIT

1.1 Both parties to this Agreement agree and consent to the following rules and regulations, which shall govern the mutual relations of the parties hereto, during the term of this Agreement.

It is understood by the parties that should the Employer lose the government contract establishing AFSS rights as contractor, the Union shall have no further right to enforce the terms of this Agreement against AFSS.

1.2 The Union is the Collective Bargaining Agent for the Employer's employees employed in the classifications set forth in Article 11 and assigned to work at the Denver Downtown Federal Buildings, excluding all other employees, and supervisors and confidential employees.

ARTICLE 2. UNION SECURITY

2.1 All present employees covered by this Agreement and coming under the jurisdiction of the Union, as set fmth in the recognition clause, Article 1 shall, as a condition of employment, become members of the Union shall remain members in good standing during the te1m of this Agreement. All new employees covered by this Agreement and coming under the jurisdiction of the Union as set forth in the recognition clause, Article 1, shall, as a condition of employment become members of the Union upon the date of hire and shall remain members in good standing during the term of this Agreement.

2.2 "Good standing" for the purpose of this Agreement, is interpreted to mean the payment or tendering of initiation fees and periodic Union dues.

2.3 Employees who are required hereunder to maintain membership and fail to do so shall, upon notice of such fact in writing from the Union to the Employer and failure to prove good standing within ten (10) days thereafter, be terminated.

2.4 When new or additional full-time employees are needed, the Employer shall notify the Union of the number and qualifications of employees needed so that the Union may have a reasonable opportunity to refer applicants for the vacancies to be filled. The hiring of employees shall remain within the sole discretion of the Employer, and the Employer shall be free to hire employees from any source. The Employer agrees to notify the Union within seven (7) days of the date of hiring of the names of all persons hired.

ARTICLE 3. CHECK OFF

3 .1 The Employer agrees, during the term of this Agreement, to deduct from the new earnings due an employee on the first paycheck of each month, the monthly dues and/or initiation fee only on the check off authorization form. Said authorization must be properly executed by the employee and presented to and accepted by the Employer.

3.2 The Employer agrees to remit such deductions to the Business Manager of the Union twenty (20) days after the last day of each month.

3.3 The Union agrees to indemnify and save the Employer harmless from any demand, damages, action or claims growing out of these deductions and commenced by an employee who has executed such Assignment and Authorization against Employer and assumes full responsibility for the disposition of the funds so deducted once such funds have been turned over to the Union as above provided.

ARTICLE 4. NON-DISCRIMINATION

4.1 It is the policy of the Company and the Union that there shall be no unlawful discrimination of any employee. The provisions of this Agreement shall be applied to all employees without regard gender, race, color, creed, national origin, union activity, age, religion, veteran's status, marital status, disability, membership in the National Guard or military reservists. All employees must comply with HR - 102 Respectful Workplace and the Company insists upon a work enviromnent that is free from harassment and discrimination in any form.

4.2 There shall be no discrimination by the Employer against employees on account of Union affiliation or Union activities.

ARTICLE 5. MANAGEMENT RIGHTS

5.1 Except as expressly and specifically abridged or modified by this Agreement, all of the rights, privileges, powers, prerogatives, and authority the Employer had prior to the signing of this Agreement are retained by the Employer and remain exclusively within the rights of management, whether exercised or not.

5.2 Management's rights include, without limitation, the following: to direct, control, and schedule its operations and work force; to make all decisions affecting the business; to hire, promote, lay off, assign, classify, evaluate, transfer, and/or recall employees; to determine the number of employees to be employed, and assign and direct their work; to terminate, suspend, discharge, and discipline employees for cause; to select the number of employees assigned to any particular work; to determine the starting and quitting times, and the number of hours and shifts to be worked; to establish, issue, modify and enforce reasonable policies, rules and regulations that are not in direct conflict with the express provisions of this Agreement; to select supervisory, managerial and other employees excluded from the bargaining uuit; to introduce new, improved or different methods of operation, and to maintain the efficiency of operations, regardless of whether or not such may cause a reduction in the work force; to establish, change, or combine, job classifications and determine job qualifications.

5 .3 This Article is not intended to be an exclusive enumeration of the Employer's prerogatives. Nothing omitted from this Article shall be construed, by vi1tue of such omission, to abridge or modify the Employer's rights to manage the business.

ARTICLE 6. SAVINGS CLAUSE

6.1 If any provision of this Agreement shall, at any time, be held invalid by any court of competent jurisdiction, such decision shall not invalidate the entire Agreement, it being the intention of the Union and the Company that all other provisions of this Agreement not so declared invalid shall remain in full force and effect.

ARTICLE 7. HOURS OF WORK & OVERTIME

7.1 The regular work week for full-time employees is normally eight hours per day, five days per week. Forty (40) hours shall constitute a normal week's work.

7 .2 Overtime will be paid only for all hours worked in excess of eight (8) hours on any given work day or forty ( 40) hours worked in a given work week. For this purpose, hours worked is defined as regular hours worked and vacation. An employee who works on his/her first (1st) day of rest within any single work week will be paid time and one-half (1 Vix) their straight time hourly rate of pay for hours worked on that day. On the second (2nd) day of rest within any single work week, the employee will receive two times (2x) their straight time hourly rate of pay for hours worked on that day. There shall be no pyramiding of overtime under this Agreement.

7 .3 Seniority shall apply in the selection or rejection of ove1time unless a ce1tain individual is requested in writing by the customer or a special skill set and/or ability is required for the task or Work Order

7.4 An employee called in for work on his/her regularly scheduled time off shall not have his/her scheduled normal work time adjusted for the purpose of avoiding ove1time. At the employee's option and approved by management, the employee may reject working the additional hours by which weekly ove1time is computed.

7.5 The shifts are for eight (8) hours with a scheduled lunch break for one (1) hour. The shifts are as follows:

5:00 a.m. to 1:30 p.m.

6:00 a.m. to 2:30 p.m.

8:00 a.m. to 4:30 p.m.

9:30 a.m. to 6:00 p.m.

Change in Shifts: Shifts will continue to be scheduled as established above. Changes in the permanent shifts will be made only as dictated by operational requirements and no shift change shall be made until the Union has been advised of such change. If a vacancy exists on a shift, all qualified employees will be notified. The vacancy will then be filled by the most senior qualified employee who desires to fill the vacancy.

ARTICLE 8. HOLIDAYS

8.1 The following days will be observed as paid holidays in each calendar year, for regular full-time employees:

New Year's Day President's Day Independence Day Columbus Day Thanksgiving Day

Martin Luther King, Jr.'s Birthday Memorial Day Labor Day Veteran's Day Christmas Day

When a holiday falls on a weekend, it shall be observed as the federal government observes such holiday.

8.2 For regular full-time employees, holiday pay will be calculated at eight (8) hours straight time pay. Hours paid for holidays at straight-time, will be counted as time worked in computing weekly ove1time.

8.3 If one of the holidays, covered by Section 1 above, occurs within an employee's vacation period, the employee shall be paid eight (8) hours pay at their regular straight-time hourly rate of pay in addition to their vacation pay or an additional day off with pay

8.4 Work pe1f01med on a holiday shall be paid at time and one-half (1 Yz) the employee's regular straight-time pay for hours worked on the holiday only if the hours exceed 40 hours per week.

ARTICLE 9. VACATION

9.1 It is understood that seniority will govern in the granting of vacations. An employee is eligible for vacation after one (1) year of continuous service, and each employee shall have continuous credit with the company dating from the first date of employee's unbroken service at the Denver Federal Buildings.

9.2 Regular full time employees will receive paid vacation on the following basis:

Years of Continuous Service 1-4 years 5-14 15 or more years

Vacation Days 10 days 15 days 20 days

9.3 All hours paid for vacation time shall be used to compute weekly overtime only ifthe hours exceed 40 hours per week.

9 .4 A "day" is defined as eight (8) hours pay. It is agreed that vacation may be taken in increments of no less than one day at a time, subject to the following restrictions:

(1) One (1) week prior notice.

(2) Subject to reasonable operational requirements.

(3) Seniority shall prevail in the granting of request.

9.5 Employees may carry over one (1) week of vacation beyond the employee's next anniversary date. If a scheduled vacation was denied due to management and the employee was unable to reschedule before the end of the year, employee would be entitled to payout for unused vacation.

9 .6 Employees te1minating employment for any reason are entitled to payment for all accrued but unused vacation time.

ARTICLE 10. SENIORITY

10.1 ACQUISITION OF CONTINUOUS SERVICE CREDIT. Each employee shall have continuous service credit with the Employer dating from the first date of his unbroken service as defined by the Service Contract Act.

10.2 CONTINUITY OF SERVICE. The continuous service credit and seniority of an employee will be broken under the following conditions, and when so broken such employee shall be for all purposes considered a new employee if and when rehired.

(1) Resignation, retirement or other voluntary termination of employment.

(2) Discharge of just cause.

(3) Absence in excess of two consecutive working days without notice received by the Employer at that time, either by telephone or written message by messenger to the immediate supervisor or the Project Manager, unless evidence satisfactory to the Employer of the employee's inability to report for work is shown.

( 4) Unauthorized absence beyond the time limit of an authorized vacation or an approved absence, unless evidence satisfactory to the Employer of the employee's inability to report for work is shown.

(5) Failure to report to work after layoff within ten (10) working days after the Employer gives the employee written notice to return to such work, and failure to notify the Employer of the employee's intentions to return to work within five (5) working days after such notice is given. A copy of such notice shall also be given to the Union by the Employer. Such notice shall be deemed to have been sufficiently given when sent by regular mail to the employee addressed to the last address furnished to the Employer.

(6) Layoff without recall to work within six (6) months (twelve (12) months in the case of employees with fifteen (15) or more years of continuous service) from the day of such layoff, or for a period greater than the employee's seniority, whichever is less.

10.3 ACQUISITION OF SENIORITY. Each new employee of the Employer shall be hired on a temporary basis during a probationary period of ninety (90) calendar days. Upon the hire date of said period of employment, the employee shall be considered a regular employee and his seniority shall date from the start of the probationary period, and, when thus established, will equal the employee's continuous service credit. A probationary employee may be discharged for any reason during the probationary period without recourse to the grievance procedure or otherwise.

10.4 COMPUTATION OF SENIORITY. Employees in the bargaining unit on 10-01-02 and new employees shall accumulate seniority by occupational classification during their period of continuous service with the Employer at the Denver Federal Buildings. When an employee is downgraded, they will retain all seniority from the higher grade into the lower grade. Where two

(2) or more employees have identical seniority within an occupational classification, the employee with the greater bargaining unit seniority shall be considered the most senior. In the event of identical bargaining unit seniority, the determination shall be made by the alphabetical order oflast names, a name commencing with "A" being the most senior. This shall apply in all determinations of seniority except when otherwise mutually agreed to by the Local Union and the Employer.

10.5 LOSS OR TERMmATION OF SENIORITY. The seniority of an employee shall be lost or terminated only under the same conditions which cause a break in continuous service credit and seniority as set forth in section 10.2 of this agreement.

10.6 LAYOFF. When layoffs occur, probationary employees, as defined in Section 10.2 of this agreement, in the occupational classification and seniority group affected shall be laid off first. If fu1ther layoffs are necessary such layoffs shall be made by seniority within the occupational classifications affected; the employee with the least occupational seniority in such occupational classifications shall be the first to be laid off and the last to be recalled. An employee subject to layoff under the foregoing may exercise bumping rights in the following order:

(1) Displace the employee with the least bargaining unit seniority in any lower rated occupational classification in his seniority group provided he has greater unit seniority than the employee being displaced; or displace the employee with the least bargaining unit seniority is any occupational classification in any seniority group in which he had established seniority, provided he has greater bargaining unit seniority than the employee being displaced, and provided he/she has the skill and ability to do the work.

(2) Displace the employee with the least bargaining unit seniority in an equivalent or lower rated occupational classification in any other seniority group provided he has greater bargaining unit seniority than the employee being displaced and provided he has the skill and ability to perfo1m the work.

10.7 RECALL. For the purpose of reinstatement all laid off employees shall be recalled in the following order:

(1) Laid off employees who are classified in the occupational classification in which recalls are being made, in inverse order oflayoff.

(2) Laid off employees outside the recall classification who in the Employer's opinion have the requisite ability, skill and physical capabilities to do the work required in order of seniority, provided there is documented proof of certification of qualifications.

(3) Recall rights expire with any break in continuity of service under Article 10.2.

10.8 FILLmG VACANCIES: PROMOTIONS AND HIRmG HALL. Before employees are hired from the outside to fill vacancies, it is the intention of the Employer to promote from within the bargaining unit, if available employees have the skill and the ability necessary to do the work, as determined by the Employer. In such instance the senior qualified employee will be promoted. In the event that an employee is promoted or upgraded to a higher rated occupational classification, the employee shall receive the applicable salary rate. The Employer will malce a reasonable effmt to advise the Union at least one week in advance of promotions and upgrades becoming effective. The Employer shall notify the union of job vacancies which it intends to fill.

The Union may refer applications for employment to the Employer within two (2) work days after receipts of notice, provided the applicants meet the standards, qualifications and criteria established by the Employer for the vacancies. The Employer shall always have the right to reject any job applicant referred by the Union, and to hire from any source.

ARTICLE 11. MEDICAL INSURANCE

(a) The Company and the Union agree that the Company will make these contributions to the Health Care Trnst Fund so designated by the Union on a monthly basis for all employees in the employ of the Company covered by this CBA and worldng during the particular month. Employees will pay $30 a month towards the cost of their company sponsored Life, AD&D, Short Te1m Disability and Long Term Disability.

(b)Health and Welfare rates shall be those set forth in Appendix "A" hereto which by reference is incorporated and made a part thereof. The Employer shall submit a report and pay the full monthly contributions as noted in Appendix "A" on behalf of all employees covered by this collective bargaining agreement who are listed on the payroll as of the first calendar day of the month. Such report and payment shall be submitted by the 15th of following month. Newly hired employees shall be covered by benefits the month following receipt of the first premium.

( c) It is further agreed that the Union and the Company may open for negotiation any further increases in insurance premiums above $1083.00 per month 90 days prior to June 1st of each year.

(d) The company agrees to no more than a 5% increase in to the union medical, dental and vision plan.

ARTICLE 12. RETIREMENT

12.1 Upon successful completion of the probationary period in Article I 0.3, all regular fulltime employees shall receive the additional amounts below per hour worked, which amounts are understood as being for the purposes of allowing employees to fund their own chosen retirement vehicle, at their option:

(a) As of December 1, 2017, three dollars and thirty five cents ($3.35) per compensable hours paid not to exceed 2,080 hours per year.

(a) As of December 1, 2018, three dollars and fifty cents ($3.50) per compensable hours paid not to exceed 2,080 hours per year.

(b) As of December 1, 2019, three dollars and sixty five cents ($3.65) per compensable hours paid not to exceed 2,080 hours per year.

(c) As of December 1, 2020, three dollars and eighty cents ($3.80) per compensable hours paid not to exceed 2,080 hours per year.

(d) As of December 1, 2021, three dollars and ninety five cents ($3.95) per compensable hours paid not to exceed 2,080 hours per year.

ARTICLE 13. JURY DUTY

131 When an employee is called for jury service he or she shall be compensated for time lost from his or her job at his or her regular hourly rate up to a three (3) day maximum. Employees on any shift shall be expected to report for work on their jobs if they are released from jury duty; and on days when they do not report they will work their full shifts. An employee must provide sufficient advance notice of jmy duty as soon as possible, but in no event less than one (1) week prior to the expected service. In addition, in order to receive pay under this Article, the employee must provide sufficient documentation of service.

ARTICLE 14. FUNERAL LEA VE

14.1 If it is necessary for any regular full-time employee to lose time from work because of a death in the immediate family of such employee, he or she shall be entitled to up to three (3) days paid leave of absence, paid only for previously scheduled work missed.

14.2 "Immediate family" is defined as: Employee's spouse/domestic partner, children, stepchildren, parents, father in-law, mother in-law, brother, sister, brother in-law, sister in-law, grandchildren, grandparents and spouses' grandparents.

14.3 The foregoing leave is subject to documented proof satisfactory to the Employer, if requested.

ARTICLE 15. LEA VE OF ABSENCE

15 .1 The Employer may in its sole discretion grant leaves of absence, without pay, to employees who request the same for emergency or compelling personal reasons, for periods of up to ninety

(90) calendar days. Such leaves will not be granted for the purpose of allowing employees to talce another position temporarily, try out new work, or venture into business for themselves. No decisions made regarding such leaves are subject to grievance or arbitration procedures hereunder.

15.2 Fan1ily & Medical Leaves (FMLA): As provided under the FMLA, a leave of absence of up to twelve (12) weeks (unpaid) shall be granted to an employee who has had one (1) year of continuous service and who has worked at least 1250 hours in the twelve (12) months prior to the request, pursuant to the basic provisions of the Family and Medical Leave Act. Any such employee desiring a leave of absence may be required to provide advance leave notice and medical certification prior to the leave notice and medical certification prior to the leave of absence being granted, subject to the provision of the Act. The length of the absence shall be commensurate with the need, up to the limits provided by the FMLA. In the event there is a conflict between 29 U.S.C. 2601, et. seq. (FMLA) and this agreement, federal law shall prevail.

ARTICLE 16. SHOP STEWARD

16.l The Employer agrees to recognize up to two employees as Shop Stewards (a regular and an alternate). The Union Steward(s) shall be permitted to handle union matters, provided it is done so as to minimize any interference with any employee's work or the Employer's operations, and further provided that the steward provides advance notice to the Employer. In no event will a steward spend more than one (1) hour per week on Union matters while on the clock without prior notice to and permission of the Employer. The Steward shall not interfere with the management of the business or direct the work of any employee. The Union must provide written notice to the Employer as to the identity of the Shop Steward(s).

ARTICLE 17. SICK/PERSONAL LEA VE

17.l All regular full-time employees shall be entitled to seven (7) sick/personal days per calendar year.

17 .2 The amount of sick/personal leave pay shall coincide with the employees' normal workday.

(8 hour workday = 8 hours sick/personal leave)

17.3 Sick/personal leave can be used in no less than one (1) hour increments.

17.4 No more than fifty six (56) hours of sick/personal leave can be carried over each year.

Sick/personal leave will not be paid out. Sick/personal leave maximum bank is no more than Eighty (80) hours.

ARTICLE 18. GRIEVANCE PROCEDURE & ARBITRATION

18.l If there is any grievance, dispute or difference between any employee covered by this agreement and the Union or the Employer or among any of said parties with respect to the interpretation or application of any provision of this agreement, such grievance, dispute or difference shall be reduced to writing (signed and dated by the employee and the steward or other Union representative) and submitted to the Employer within five (5) working days of the happening of the event giving rise to the grievance and processed in accordance with the following steps in this grievance procedure, provided, however, that any individual employee, or group of employees, shall have the right to present verbally, or in writing, complaints or grievances to the Employer and to have such grievances adjusted, without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of this agreement, and provided the Union's representative has been given an opportunity to be present at such adjustments. A grievance shall be negotiated in each of the following successive steps between the representatives of the parties specified in each step.

18.2 STEP 1. Between the Project Manager and the Shop Steward. The Project Manager shall give the Shop Steward a written reply to the grievance within five (5) working days after the meeting with the Shop Steward. If this reply is unsatisfactory, or if no written reply is given, the Shop Steward may appeal the decision to Step 2, provided such appeal is made within five (5) working days after the receipt of the Project Manager's reply. A meeting in Step 2 shall be held within ten (10) working days after the receipt by the Employer of Notice of Appeal unless a postponement is jointly agreed to by the Employer and the Union.

18.3 STEP 2. Between the Project Manager for the Employer at Denver FB or a Designee and the Union Business Manager or a Designee. The Project Manager or a designee shall make a reply in writing not later than ten (10) working days after meeting with the Union Business Manager or a designee. If this reply is unsatisfactory, the grievance may be appealed to Step 3 provided such appeal is made within ten (10) working days following receipt of the second step reply. A meeting in Step 3 shall be held within thirty (30) working days after receipt by the Employer of Notice of Appeal unless a postponement is jointly agreed to by the Employer and the Union.

18.4 STEP 3. Between the HR Director or V.P., or a Designated Representative and the Business Manager of the Local Union, or a Designated Representative. The Employer representative shall make a reply in writing not later than ten (10) working days after meeting with the Union's Business Manager.

18.5 ARBITRATION. Any grievance which h~s not been finally settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to arbitration within ten (10) working days ofreceipt of the Third Step Reply by either party. The party desiring arbitration shall notify the other party in writing within the aforementioned ten

(10) day period, and shall request a panel of five (5) arbitrators from the Federal Mediation and Conciliation Service. Such request shall be made within ten (10) working days of the notice to the other party. Each party shall, within the ten (10) days from the receipt of such list, be entitled to strike alternately a name from the list until one name remains and this person shall be the arbitrator. The parties shall draw straws to detennine which shall strike the first name.

The parties agree that the decision or award of such arbitrator shall be final and binding on each of the parties and that they will abide thereby, subject to such laws, mies and regulations as may be applicable. The authority of the arbitrator shall be limited to determining questions involving the interpretation or application of provisions of this agreement, and no other matter shall be subject to arbitration hereunder. The arbitrator shall have no authority to add to, subtract from or to change any of the terms of this Agreement, to change any rate in the Schedule of Salary Rates or to establish a new salary rate except under Section 4.2. Each party shall bear the expenses of preparing and presenting its own case. The cost, if any, of the arbitrator and incidental expenses mutually agreed to in advance shall be borne equally by the parties hereto. Failure to appeal a decision made in any step in the time and mauner specified shall constitute a bar to further action thereon.

18.6 TIME FOR PRESENTATION OF GRIEVANCES. All grievances shall be presented as soon as practicable after the occurrence upon which the same is based, but in no event later than five (5) working days. The failure to submit a grievance within such period shall constitute a bar to further action thereon. If it is determined under the grievance procedure, including arbitration, that any adjustment in wages is appropriate, such adjustment shall be based upon existing salary rates and shall be applied retroactively to the date of occurrence.

1.7 TIME LIMITS. In the application of the grievance and arbitration provisions of this Article, the following shall govern:

(1) All time limits shall be strictly adhered to by both parties.

(2) If the party to whom a grievance is presented fails to reply in writing within the applicable time limit, the grieving party may appeal to the next step if it desires (although it is not required to do so): and if the grieving party fails to appeal in writing within the applicable time limit the grievance shall be denied.

(3) When a written reply is made, time shall be calculated at any step from the date the appropriate representative of the grieving pmty for the step of the grievance procedure involved receives the written reply to the grievance.

(4) Time shall be considered of the essence and failure by either Party to comply with an applicable time limit shall be considered binding with respect to the rights of the party exceeding such limit.

( 5) It being the duty of employees to mitigate their damages, the Employer shall receive credit for all interim income (including unemployment compensation).

ARTICLE 19. NO STRIKE - NO LOCKOUT POLICY

19.1 The Union agrees that during the life of the Agreement and during any period of arbitration or negotiations, there shall be no strikes, boycotts or other slow-down or stoppages of work.

19 .2 The Employer agrees that during the life of this Agreement there shall be no lockout of employees covered under this Agreement.

ARTICLE 20. MISCELLANEOUS

20.1 The Employer and the Union acknowledge that, during negotiations which resulted in this Agreement, each had the unlimited right and oppmtunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining and that the understandings and agreements mTived at by the parties after the exercise of that right and oppmtunity are set forth in this Agreement. The Employer and the Union, for the life of this Agreement, each agree that the other shall not be obligated to bargain collectively with respect to any subject or matter of referred to or covered by this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, whether or not such subject matter was within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. Any past practice existing prior to the signing of this Agreement shall be disregarded unless specifically embodied in this Agreement.

20.2 It is agreed that no employee shall suffer a reduction in hourly rates due to the signing of this Agreement.

ARTICLE 21. STANDBY I CALL-IN PAY

21.1 Call-In Pay: When an employee is called back to work, he/she will receive two (2) hours of pay at time and one half (1 Y, x) the employee(s) regular rate of pay, except if it is the second (2nd) day of rest, he/she will receive two times (2x) the regular rate of pay.

21.2 Standby Provision: The Company shall have the right to designate an employee(s) as being on "standby" status. The Project Manager or Designated Company Representative will schedule employees for standby. Employees so designated shall be capable of performing assigned work and will be assigned on the basis of a rotational roster. The employee designated as standby shall be compensated with four (4) hours off with pay, per week of coverage. These four (4) hours off with pay are not used for the purposes of calculating overtime. If an employee is called in he/she shall be paid a minimum of two (2) hours of pay at the appropriate rate as per Call-In Pay provision. This is in addition to the four (4) hours off with pay. Leads are an exception to this Article and subsection. The Employer will provide cross training so that employees will be able to have reasonable relief from standby duty. The Lead will receive two (2) hours PTO for each week of on-call duty, which may be accrued but not ca:tTied over to the next year.

When an employee is on rotation for On-Call, he or she will be required to answer or call back within 30 minutes of the call. If that employee does not respond back within 30 minutes on more than two separate call ins, then disciplinary action may be taken up to, and including termination.

21.3

(a) A standby period shall consist of the time period beginning at the end of the employee's work shift on Monday and end at the beginning of the his shift the following Monday.

(b) Employees working in a classification that pays a higher rate of pay will be paid the higher wage rate for hours working in that classification.

ARTICLE 22. DISCHARGE

22.1 It is agreed that no employee shall be discharged unless there is just cause.

22.2 Just cause shall include drunkenness, dishonesty, theft, possession of or consuming of alcoholic beverages or drugs prohibited by law on the premises of the Employer, or being under the influence of alcohol or drugs while on duty, offensive language, insubordination, sleeping on the job, falsification of any work-related documents (including time sheets/records), use of another's badge or ID for improper or fraudulent purposes, clocking in/out for another, leaving the site without permission, persistent or serious inJl-action of work rules, or rules relating to the health or safety of other employees, or persistent absence or tardiness.

ARTICLE 23. INJURY ON THE JOB

23. l In the event an Employee covered by this Agreement is injured on the job, he/she will be permitted to leave the worksite, to obtain the proper medical attention, and he/she will be paid for the balance of the workday.

23.2 The Employer will pay Employees their regular straight-time rate for return visits to the doctor during the Employee's n01mal shift, when such visits are the result of an injury on the job and the return visit can be substantiated by the Employee.

ARTICLE 24. GOVERNMENT SECURITY

24.1 DEFENSE SECURITY. The union recognizes that the Employer has certain obligations in its contract with the Gove1mnent pertaining to security, and that security is vital to the Employer and the Union in carrying on their part in the defense effort.

Therefore, in the event that the Armed Forces, through their duly authorized representatives concerned with security, advise or have advised the Employer that any employee in the bargaining unit covered by this agreement is denied work on or access to classified information or material, it is mutually agreed between the Employer and the Union that such employee shall be subject to any action as to his employment, including but not limited to te1mination, which the Employer considers necessary for security reasons. Any such employee shall have no seniority rights under this agreement, while such determination is outstanding.

In the event, however, that a review, duly made by the appropriate Governmental authority, shall result in a reversal in the original ruling, all seniority, benefits and other employment rights as an employee shall be restored to him, and if he has been removed from employment for security reasons, and such reversal is obtained after his removal, he shall be offered reinstatement in accordance with his accumulated seniority. Such employee shall receive payment form wages lost during the period of removal from employment, at his basic salary rate at the time of his removal, less any amount earned during such period by reason of his employment elsewhere.

The Employer, all representatives of the Union having access to the premises, and all employees are required to comply with the Government security regulations when performing work for the Government. The Employer and the Union agree that security information will be revealed only to persons properly cleared and required to have the information by the Govermnent.

24.2 FAILURE TO OBTAIN SECURITY CLEARANCE. If an employee has not been granted a Secret or National Agency clearance (if required), or any other required clearance within thilty

(30) calendar days frorn the date of application submission, the Employer may terminate the individual's employment.

ARTICLE 25. WEATHER CLAUSE

25. l If government officials delay opening or close the facility, employees will be paid for hours regularly scheduled during the closure.

25.2 If an employee chooses to leave early due to inclement weather, with management approval, and the facility subsequently closes, the employee is entitled to be paid for only hours regularly scheduled from the time of the closure.

ARTICLlt: 26. SUCCESSORS

26.l This agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns.

ARTICLE 27. TERM. NOTICE OF CHANGE OR TERMINATION

'Ibis agreement shall be effective from the date ofratification, and shall continue in full force and effect to and including to November 30, 2022, and thereafter be automatically renewed from year to ycanmlcss notice in writing shall be given by either pmty to the other of changes desired in the agreement or its termination, at least sixty (60) days prior to November 30, 2022, or sixty

(60) days prior to a subsequent applicable expiration date after automatic renewal.

INTERNATIONAL UNION OF

OPERATING ENGIN.EERS, LOCAL 1

'L·· ... · ~ - ·- .. _ ~

Theodore M. Heirnra I Business Manager g-4- J 1 Date

AFSS

Damian J. Guerin, VP HR

____ !/?_[1_~--- Date

Memorandum of Understanding Aleut Facilities Support Services

And IUOE, Local One

For Colorado Service Center

The economics or this CBA hove been moved from October 1'1 of each year to December I" of each year.

In consideration to the members for the change of the effective date of the economics, each union employee will receive one (I) personal day ofeight (8) hours off with pay. This one (1) day is to be used between December 1, 2017 and November 30, 2018. This day will not be carried over, cashed out or added to vacation balance if not used.

Aleut Facilities Support Services lntemational Union ob Operating rff necrs

~l·)l-~t--

Date

Current Current H&Wln Wages Effective Benefits H&W Wages Effective BenefitsH&W Wages Effective Benefits H&W

Wages Effect 12-1-17 6-1-18 12-1-18 6-1-19 12-1-19 6-1-20

In Effect Monthly

AFSSGSACSC

Classification 2.75% 2.75% 2.75%

EMS Technician/Chief Engineer $47.34 $1,083.00 $48.64 $1,083.00 $49.98 $1,083.00 $51.35 $1,083.00

Chief Engineer $38.44 $1,083.00 $39.50 $1,083.00 $40.58 $1,083.00 $41.70 $1,083.00

Lead Technician $38.42 $1,083.00 $39.48 $1,083.00 $40.56 $1,083.00 $41.68 $1,083.00

EMS Technican 1 $34.25 $1,083.00 $35.19 $1,083.00 $36.16 $1,083.00 $37.15 $1,083.00

Electrician $33.01 $1,083.00 $33.92 $1,083.00 $34.85 $1,083.00 $35.81 $1,083.00

HVACSpecialist $31.16 $1,083.00 $32.02 $1,083.00 $32.90 $1,083.00 $33.80 $1,083.00

HVACTechnician $29.40 $1,083.00 $30.21 $1,083.00 $31.04 $1,083.00 $31.89 $1,083.00

General Maintenance Worker $26.48 $1,083.00 $27.21 $1,083.00 $27.96 $1,083.00 $28.73 $1,083.00

Production Control Clerk $24.65 $1,083.00 $25.33 $1,083.00 $26.02 $1,083.00 $26.74 $1,083.00

Utility Maintenance Helper $18.50 $1,083.00 $19.01 $1,083.00 $19.53 $1,083.00 $20.07 $1,083.00

General Laborer $15.71 $1,083.00 $16.14 $1,083.00 $16.59 $1,083.00 $17.04 $1,083.00

Data Entry Operator $15.60 $1,083.00 $16.03 $1,083.00 $16.47 $1,083.00 $16.92 $1,0BS.00

* H&W is open for negotiation each year if requested by Union 90 days prior to June 1, of

Description of Benefits

Pension $3.05 $3.35 $3.50 $3.65

*When employee(s) perfonn Davis Bacon Work, such employee shall receive Davis Bacon pay rates unless this would result in a reduction in the employee's nonnal rate of pay.

Employees pay $30 per month towards the cost of Life, 11.D&D, STD and LTD

Wages Effective Benefits H&W 6 Wages Effective Benefits H&W 12-1-20 1-21 12-1-21 6-1-22

2.50% 2.50%

$52.64 $1,083.00 $53.95 $1,083.00

$42.74 $1,083.00 $43.81 $1,083.00

$42.72 $1,083.00 $43.79 $1,083.00

$38.08 $1,083.00 $39.03 $1,083.00

$36.70 $1,083.00 $37.62 $1,083.00

$34.65 $1,083.00 $35.51 $1,083.00

$32.69 $1,083.00 $33.51 $1,083.00

$29.44 $1,083.00 $30.18 $1,083.00

$27.41 $1,083.00 $28.09 $1,083.00

$20.57 $1,083.00 $21.08 $1,083.00

$17.47 $1,083.00 $17.90 $1,083.00

$17.35 $1,083.00 $17.78 $1,083.00

$3.80 $3.95